Aggressively Protecting Your Rights

Defense leads to charges being dismissed in burglary case

| Sep 29, 2016 | Criminal Defense

When you’re accused of a crime, it’s up to you and your defense attorney to create a defense that helps you eliminate or lessen the charges against you. While you may not be able to have all the charges eliminated, reducing them can save you thousands of dollars and even prevent you from having to go to prison. One solid defense that is often used looks at probable cause. If the police have no reason to get a warrant or to stop you, then the entire case could be thrown out in court or evidence could be suppressed.

Most of the charges in this case were dropped after it was found that the police did not follow protocol. According to the report from the Globe Gazette released on Sept. 28, a 39-year-old man had been charged with two felony counts for first-degree theft, a felony for third-degree burglary, a misdemeanor count for causing damage over $200 after a burglary and for a count of first-degree criminal mischief.

He stood accused of stealing around $20,000 of property from the homeowner as well as causing $50,000 of damage to items in the home as well as the property itself. When a search warrant was produced to search the man’s home, the stolen items were discovered there.

The defense worked with him to have the evidence suppressed; it was found that there was not probable cause for the Minnesota search warrant used to enter the home. The man was able to settle, pleading guilty to trespassing, while the state dismissed all other charges.

Source: Globe Gazette, “Most charges dismissed in Thompson burglary case,” Mary Pieper, Sep. 28, 2016